WHEREAS, the California State Senate has adopted Standards of Conduct, which prescribe that each Senator shall conduct himself or herself in a manner that promotes public confidence in the integrity of the Senate; and

WHEREAS, the California State Senate is committed to providing a workplace free of sexual harassment and, in furtherance of that commitment, has adopted a zero tolerance policy regarding harassment; and

WHEREAS, the Senate Committee on Rules requested that an independent investigation be conducted into allegations of sexual misconduct against Senator Mendoza; and

WHEREAS, the independent investigation was completed on February 15, 2018, and concluded that it is more likely than not that Senator Mendoza engaged in unwanted sexually suggestive behavior with multiple staff members over a period of several years; and

WHEREAS, the Senate is authorized to expel a Senator by rollcall vote entered in the Senate Journal; now, therefore, be it

Resolved by the Senate of the State of California, two-thirds of the membership concurring, That pursuant to paragraph (1) of subdivision (a) of Section 5 of Article IV of the California Constitution, Senator Tony Mendoza, representing the 32nd Senate District, is hereby expelled from the California State Senate, effective immediately.

SENATE COMMITTEE ON RULES

Senator De León, Chair

2017 - 2018 Regular

Bill No: SR Hearing Date: February 22, 2018

Subject: the expulsion of Senator Tony Mendoza

BILL SUMMARY:

This resolution, upon the affirmative vote of two-thirds of the State Senate, immediately expels Senator Tony Mendoza from the California State Senate.

ANALYSIS:

This resolution makes the following legislative findings:

1. The California State Senate has adopted Standards of Conduct, which prescribe that each Senator shall conduct himself or herself in a manner that promotes public confidence in the integrity of the Senate.
2. The California State Senate is committed to providing a workplace free of sexual harassment and, in furtherance of that commitment, has adopted a “zero tolerance” policy regarding harassment.
3. The Senate Committee on Rules requested that an independent investigation be conducted into allegations of sexual misconduct against Senator Mendoza.
4. The independent investigation was completed on February 15, 2018, and concluded that it is more likely than not that Senator Mendoza engaged in unwanted sexually suggestive behavior with multiple staff members over a period of several years.
5. The Senate is authorized to expel a Senator by rollcall vote entered in the Senate Journal.

This resolution provides that the Senate of the State of California, two-thirds of the membership concurring, that pursuant to paragraph (1) of subdivision (a) of Section 5 of Article IV of the California Constitution, Senator Tony Mendoza, representing the 32nd Senate District, is hereby expelled from the California State Senate, effective immediately.

COMMENTS: The California Constitution, Article IV, Section 5 provides:

Section 5 (a) (1) Each house of the Legislature shall judge the qualifications and elections of its Members and, by rollcall vote entered in the journal, two-thirds of the membership concurring, may expel a Member.

(2) (A) Each house may suspend a Member by motion or resolution adopted by rollcall vote entered in the journal, two-thirds of the membership concurring. The motion or resolution shall contain findings and declarations setting forth the basis for the suspension. Notwithstanding any other provision of this Constitution, the house may deem the salary and benefits of the Member to be forfeited for all or part of the period of the suspension by express provision of the motion or resolution.

(B) A Member suspended pursuant to this paragraph shall not exercise any of the rights, privileges, duties, or powers of his or her office, or utilize any resources of the Legislature, during the period the suspension is in effect.

(C) The suspension of a Member pursuant to this paragraph shall remain in effect until the date specified in the motion or resolution or, if no date is specified, the date a subsequent motion or resolution terminating the suspension is adopted by rollcall vote entered in the journal, two-thirds of the membership of the house concurring.

(b) No Member of the Legislature may accept any honorarium. The Legislature shall enact laws that implement this subdivision.

(c) The Legislature shall enact laws that ban or strictly limit the acceptance of a gift by a Member of the Legislature from any source if the acceptance of the gift might create a conflict of interest.

(d) No Member of the Legislature may knowingly accept any compensation for appearing, agreeing to appear, or taking any other action on behalf of another person before any state government board or agency. If a Member knowingly accepts any compensation for appearing, agreeing to appear, or taking any other action on behalf of another person before any local government board or agency, the Member may not, for a period of one year following the acceptance of the compensation, vote upon or make, participate in making, or in any way attempt to use his or her official position to influence an action or decision before the Legislature, other than an action or decision involving a bill described in subdivision (c) of Section 12, which he or she knows, or has reason to know, would have a direct and significant financial impact on that person and would not impact the public generally or a significant segment of the public in a similar manner. As used in this subdivision, “public generally” includes an industry, trade, or profession. However, a Member may engage in activities involving a board or agency which are strictly on his or her own behalf, appear in the capacity of an attorney before any court or the Workers’ Compensation Appeals Board, or act as an advocate without compensation or make an inquiry for information on behalf of a person before a board or agency. This subdivision does not prohibit any action of a partnership or firm of which the Member is a member if the Member does not share directly or indirectly in the fee, less any expenses attributable to that fee, resulting from that action.

(e) The Legislature shall enact laws that prohibit a Member of the Legislature whose term of office commences on or after December 3, 1990, from lobbying, for compensation, as governed by the Political Reform Act of 1974, before the Legislature for 12 months after leaving office.

(f) The Legislature shall enact new laws, and strengthen the enforcement of existing laws, prohibiting Members of the Legislature from engaging in activities or having interests which conflict with the proper discharge of their duties and responsibilities. However, the people reserve to themselves the power to implement this requirement pursuant to Article II.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 2/22/18)

None received

OPPOSITION: (Verified 2/22/18)

None received

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